IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.36 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
---------------------------------------------
02.05.2025
Mr. Abbas Ali Sahar,
advocate for applicant
Ms. Seema Zaidi, Additional Prosecutor General Sindh
DSP Aamri Gul, SDPO Manghopir Sub-Division
IO/SIP Chaudhry
Naveed Bakhtawar of PS Peerabad
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Shamsuddin Abbasi, J.—Applicant
Awais Bukhari son of Syed Shafqat Bukhari seeks pre-arrest
bail in FIR No.46/2023, registered at P.S. Peerabad,
Karachi for offence under Section 496-A, PPC, after rejection of his bail plea by
learned Additional Sessions Judge-X, Karachi West vide order dated 19.12.2024.
2. Brief
facts of the case are that during investigation, police found that SIM Card of
alleged abductee was being used in mobile phone of applicant, although,
complainant has alleged that initially SIM number of alleged abductee was
switched off but later on the same was being used in the mobile of applicant.
Such digital collection of data by police prima facie connects the accused with
the commission of instant offence, hence the subject FIR.
3. Learned
counsel for applicant submits that applicant is not nominated in FIR and only
evidence collected against him by police is recovery of a mobile phone used by alleged
abductee. On the last date of hearing, SSP Investigation West Karachi appeared
in Court and transferred the investigation of this case to SIP Chaudhry Naveed Bakhtawar of PS Peerabad, who is present in
Court today and submits that he has recommended the case for disposal in “A”
class and he found the applicant as innocent.
4. Learned
Additional Prosecutor General Sindh has opposed for grant of bail on the ground
that mobile phone of alleged abductee has been recovered by police from his
possession.
5. Heard
learned counsel for applicant as well as learned Additional Prosecutor General
Sindh and perused the material available on record.
6. From
tentative assessment of material available on record it appears that applicant
is not nominated in FIR, the only evidence collected against him by police
during investigation is recovery of mobile phone used by alleged abductee from
his possession and the plea taken by the applicant is that he purchased the
mobile from the market. Present IO found him innocent and has recommended the
case for disposal in “A” class. Therefore, the case of applicant requires
further inquiry in terms of Section 497(2), Cr.PC, as
such, interim pre-arrest granted to applicant above named by this Court vide
order dated 07.01.2025 is hereby confirmed on the same terms and conditions.
7. Instant
criminal bail applications are disposed of in the above terms.
J
U D G E
Gulsher/PS